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TMI Blog2007 (3) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... osing the following substantial questions of law arising out of the order dated October 5, 2005, passed by the Income-tax Appellate Tribunal, Chandigarh Bench-A, Chandigarh (for short "the Tribunal"), in I. T. A. No. 748IChandi/2000 "1. Whether, on the facts and in the circumstances of the case and in view of legal provisions the Income-tax Appellate Tribunal was justified in concurring with the Commissioner of Income-tax who has erred in denying registration under section 12A and exemption under section 80G to the appellant-trust by erroneously holding that apparently the appellant-trust has not been performing the charitable activities as per its aims and objects for which it was formed which action of the Commissioner of Income-tax is i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r registration of society under section 12A of the Act and exemption under section 80G of the Act on December 21, 1999. Though the assessee claimed to have carried out various activities during the preceding period such as organizing bhandaras, helping needy patients, etc., but perusal of the income and expenditure account did not show any expense towards the same. No detail of any help provided by the assessee to the poor persons was furnished. From a perusal of profit and loss statement, it is evident that entire receipts were kept in the fixed deposits and interest was being earned thereon. During last three years no expenditure, whatsoever, was incurred on any of the objects of the trust. As far as source of funds with the trust was con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d been carried out from the date of the creation of the trust. (iii) That no expenditure of whatsoever nature has been spent by the trust for the objects of the trust right from its creation to the decision of the Commissioner of Income-tax. (iv) That the assessee had deposited Rs. 76,40,788 and earned huge interest on these deposits; the assessee-trust had filed Form No. 15H with the bank certifying that no tax was payable by it to avoid deduction of tax at source and, therefore, the assessee had given a false declaration. (v) That there was no proof that the amount collected by the assessee was from voluntary contributions that too for the corpus of the trust. (vi) That the assessee, it appears, had made application for registration a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing his guilt. Keeping in view the totality of circumstances and the intention and conduct of the assessee including the managing trustee, the claim made by the assessee was not found to be genuine. The same plea, which was rejected by both the authorities below has been advanced by counsel for the assessee. However, at the time of hearing, learned counsel for the assessee could not substantiate any of the pleas raised by him to persuade this court to take a view different from what been taken by the Tribunal on appreciation of material on record. The findings are is no manner perverse.
4. Accordingly, while concurring with the reasoning recorded by the authorities below, we do not find merit in the appeal and dismiss the same. X X X X Extracts X X X X X X X X Extracts X X X X
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